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Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[Criminal Power] On June 28, 2010, the Defendant was issued a summary order of KRW 3 million by the Seoul Central District Court for a violation of the Road Traffic Act (driving).
【Criminal Facts】
On February 1, 2020, at around 01:25, the Defendant driven a DNA car under the influence of alcohol with approximately 800 meters alcohol concentration of about 0.123% from the section from the front of Gangnam-gu Seoul to the front of C on the road.
Accordingly, the defendant was driven under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving results;
1. Investigation report (report on the circumstances of an immigration driver);
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of previous records of the same kind), application of Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant had been punished for driving under the influence of alcohol around around 2005 and around 2010, and even if he had the record of being punished for driving under the influence of alcohol, he was driving under the instant case, and the volume of blood alcohol concentration has not been lowered, and the responsibility for the relevant crime is not easy.
However, in full view of all the circumstances, including the defendant's age, environment, occupation, occupation, family relationship, circumstances after the crime, the sentencing of this case is contrary to the defendant's mistake, the driving of this case takes place after a long time from the previous crime of drinking alcohol, the occurrence of the traffic accident does not lead to the occurrence of the traffic accident due to the driving of this case, and other various conditions attached to the sentencing indicated in the records, such as the defendant's age